JUMNI Vs. STATE OF HARYANA
LAWS(SC)-2014-3-21
SUPREME COURT OF INDIA
Decided on
March 12,2014
Jumni
Appellant
VERSUS
STATE OF HARYANA
Respondents
Referred Judgements :-
MOHINDER SINGH S O INDER SINGH VS. STATE [REFERRED TO]GODHU VS. STATE OF RAJASTHAN [REFERRED TO]
DUDH NATH PANDEY VS. STATE OF UTTAR PRADESH [REFERRED TO]
BINAY KUMAR SINGH MIRTUNJAY SHARMA RAJDEO SHARMA MADAN MOHAN SHARMA KRISHAN KUMAR SHARMA BULAK SHARMA SURENDRA PRASAD SINGH ALIAS GODIL SHARMA VS. STATE OF BIHAR [REFERRED TO]
JAYANTIBHAI BHENKARBHAI VS. STATE OF GUJARAT [REFERRED TO]
Cited Judgements :-
CHANDER BHAN VS. STATE AND ORS. [LAWS(DLH)-2016-1-247] [REFERRED TO]PREM NATH YADAVA VS. STATE OF U.P. [LAWS(ALL)-2022-1-90] [REFERRED TO]
KAZIMAN GURUNG, S/O LATE LALL BAHADUR GURUNG VS. STATE OF SIKKIM [LAWS(SIK)-2017-7-12] [REFERRED TO]
ACHYUT BHASKAR KALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-26] [REFERRED TO]
CHET NARAYAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-2-279] [REFERRED TO]
RAVINDRA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-10-24] [REFERRED TO]
NARENDRA SINGH AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-10-60] [REFERRED TO]
LALAU VS. STATE OF U.P. [LAWS(ALL)-2016-5-228] [REFERRED TO]
VATSALA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-7-232] [REFERRED TO]
RAMPADA PANDIT VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-6-83] [REFERRED TO]
CHHOTE @ DARSAN SINGH & 2 ORS VS. STATE OF U P AND ORS [LAWS(ALL)-2016-5-379] [REFERRED]
SHANKARAYYA S/O. SHIVARUDRAYYA METI @ GANACHARYA AGE: 33 YEARS, OCC:AGRICULTURE, R/O. TADAKOD, PIN 581 105 TQ & DIST: DHARWAD VS. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, KITTUR POLICE STATION, DIST: BELGAUM [LAWS(KAR)-2017-1-48] [REFERRED TO]
STATE (GOVT OF NCT OF DELHI) VS. JITENDER KUMAR [LAWS(DLH)-2017-7-358] [REFERRED TO]
SHAHABUDDIN VS. STATE OF U P [LAWS(ALL)-2015-9-340] [REFERRED]
PREM SINGH GOUR VS. STATE OF TRIPURA [LAWS(TRIP)-2020-7-47] [REFERRED TO]
AJJU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-7-109] [REFERRED TO]
KRISHNANKUTTY PILLAI VS. STATE OF KERALA [LAWS(KER)-2015-5-28] [REFERRED TO]
GULAM NABI ALIAS BALLU SON OF ABDUL SATTAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-10-74] [REFERRED TO]
A L RAVI S/O LAKKE GOWDA VS. STATE OF KARNATAKA [LAWS(KAR)-2018-8-114] [REFERRED TO]
JOLEMAN SK. AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-11-11] [REFERRED TO]
SAROJ MITTAL VS. THE STATE [LAWS(DLH)-2016-5-162] [REFERRED TO]
PRAVEEN KHARI VS. THE STATE(GOVT OF NCT) DELHI [LAWS(DLH)-2016-2-356] [REFERRED TO]
STATE VS. LAL BABU MAHTO [LAWS(DLH)-2016-3-186] [REFERRED TO]
JOYRAM CHOUDHURY VS. STATE OF ASSAM [LAWS(GAU)-2022-12-25] [REFERRED TO]
SIYARAM SONI VS. STATE OF U P [LAWS(ALL)-2015-3-121] [REFERRED TO]
KHATERU AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-8-346] [REFERRED TO]
AMIT RAI @ PALTU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-5-38] [REFERRED TO]
SURENDRA SINGH VS. THE STATE OF BIHAR [LAWS(PAT)-2016-12-12] [REFERRED TO]
JUDGEMENT
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(1.)The two questions for consideration and discussion relate to the value of the testimony of alibi witnesses and the severability of a dying declaration.
(2.)In the present appeals, we are of the opinion that the testimony of the alibi witnesses of two of the four appellants deserves acceptance and the dying declaration so closely concerns all four appellants that it is not possible to sever the role of the sets of appellants, resulting in our giving the benefit of doubt to the remaining two appellants.
The facts:
(3.)Six relatives (by marriage) of deceased Asha Devi were accused of having murdered her and thereby having committed an offence punishable under Section 302 of the Indian Penal Code. The accused persons were Rati Ram (father-in-law, now died), Jumni (mother-in-law and appellant in Criminal Appeal No. 1159 of 2005), Sham Lal (brother-in-law and appellant in Criminal Appeal No. 1159 of 2005), Balbir Prasad (brother-in-law and appellant in Criminal Appeal No.1159 of 2005, who, we were told has since died), Prem Nath (brother-in-law and appellant in Criminal Appeal No. 603 of 2005) and Raj Bala (wife of Prem Nath and appellant in Criminal Appeal No. 603 of 2005).
(2.)In the present appeals, we are of the opinion that the testimony of the alibi witnesses of two of the four appellants deserves acceptance and the dying declaration so closely concerns all four appellants that it is not possible to sever the role of the sets of appellants, resulting in our giving the benefit of doubt to the remaining two appellants.
The facts:
(3.)Six relatives (by marriage) of deceased Asha Devi were accused of having murdered her and thereby having committed an offence punishable under Section 302 of the Indian Penal Code. The accused persons were Rati Ram (father-in-law, now died), Jumni (mother-in-law and appellant in Criminal Appeal No. 1159 of 2005), Sham Lal (brother-in-law and appellant in Criminal Appeal No. 1159 of 2005), Balbir Prasad (brother-in-law and appellant in Criminal Appeal No.1159 of 2005, who, we were told has since died), Prem Nath (brother-in-law and appellant in Criminal Appeal No. 603 of 2005) and Raj Bala (wife of Prem Nath and appellant in Criminal Appeal No. 603 of 2005).
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